Signed into law by President Millard Fillmore on September 9, 1850
The California Statehood Act, officially An Act for the Admission of the State of California into the Union and also known as the California Admission Act, is the federal legislation that admitted California to the United States as the thirty-first state. Passed in 1850 by the 31st United States Congress, the law made California one of only a few states to become a state without first being an organized territory.
An Act for the Admission of the State of California into the Union was the formal title given to the Congressional legislation passed by the 31st Congress, and signed by President Millard Fillmore on September 9, 1850, which admitted California as the 31st state to the Union.[1][2] Per the terms of the Compromise of 1850, California was admitted as a free state. The Act may informally be referred to as the California Statehood Act or the California Admission Act.
Background
Start of Mexican-American War and Bear Flag Revolt
Todd's original Bear Flag, photographed in 1890
The United States declared war on Mexico on May 13, 1846. After receiving word of the declaration of war, a force consisting mostly of American settlers in California staged a revolt on June 15, 1846 against Mexican authorities, which became known at the Bear Flag Revolt. They overwhelmed and captured the small Mexican garrison at Sonoma and declared the California Republic (Spanish: La República de California), or Bear Flag Republic, raising the original Bear State flag over the captured garrison.[lower-alpha 1] Their control was largely restricted to the area around Sonoma, California and lasted for 25 days. On July 5, 1846, Brevet Captain John C. Frémont assumed control of the republic's forces and integrated them into his California Battalion.[3] On July 9, 1846, Navy Lieutenant Joseph Warren Revere arrived in Sonoma and replaced the Bear Flag with the flag of the United States, formally declaring the United States possession of California.[4][5][6]
End of Mexican-American War
The Mexican–American War ended with the signing of the Treaty of Guadalupe Hidalgo in 1848. In the treaty, Mexico ceded a large portion of northern Mexico in what is now the southwestern United States.[7] With the acquisition of the large territory, Congress began debating how to organize it. Initially, there was no cause to rush the organization, as the territory was sparsely populated. However, with the discovery of gold at Sutter's Mill, California, a large migration of Americans began, as well as an influx of new immigrants from Europe and Asia seeking to find gold or provide goods and services to those seeking gold. The migration gave rise to the immediate necessity of organizing the territory to provide services such as recording land deeds and claims, providing court services and law enforcement, and organizing local governments.[8][9]
The issue of the expansion or restriction of slavery was a fundamental dispute in the admission of new states to the Union since before the passage of the Missouri Compromise in 1820. The size of the California territory, its natural resources, access to the Pacific, and the speed at which the territory's population was expanding added a special urgency to organizing and admitting California into the Union. Some feared that if the United States did not act swiftly an independence movement could erupt that might sever California from the United States. A fierce debate raged over the status of California and the other territories ceded to the U.S. by Mexico for most of the 31st Congress. General Zachary Taylor, a hero of but also a staunch opponent of the Mexican War, had become President in March 1849. Although Taylor was a southern slaveowner, he believed that slavery was economically unfeasible in the acquired territories and therefore opposed the expansion of slavery as pointless and controversial, which became a serious obstacle impeding agreement in Congress on a solution to the territorial issue.[10][11] In Taylor's 1849 State of the Union message to Congress, he commented extensively on the issue of California, stating in part,
Zachary Taylor (1849)
The extension of the coast of the United States on the Pacific and the unexampled rapidity with which the inhabitants of California especially are increasing in numbers have imparted new consequence to our relations with the other countries whose territories border upon that ocean. It is probable that the intercourse between those countries and our possessions in that quarter, particularly with the Republic of Chili, will become extensive and mutually advantageous in proportion as California and Oregon shall increase in population and wealth.
…
No civil government having been provided by Congress for California, the people of that Territory, impelled by the necessities of their political condition, recently met in convention for the purpose of forming a constitution and State government, which the latest advices give me reason to suppose has been accomplished; and it is believed they will shortly apply for the admission of California into the Union as a sovereign State. Should such be the case, and should their constitution be conformable to the requisitions of the Constitution of the United States, I recommend their application to the favorable consideration of Congress.[12]
The California Constitution, which had been adopted on November 13, 1849,[13] and Taylor submitted a proposition to admit California as a new state to Congress for debate on February 13, 1850.[14]
Despite outlawing slavery and applying to the Union as a free state, California had elected one anti-slavery and one pro-slavery senator, John C. Frémont and William Gwin, respectively.[15] In a 1949 address, CA state senator Herbert Jones suggests this was done as a compromise to make the state's admission more palatable to the South,[16] but other sources make no such claim.
With the unexpected death of Taylor on July 9, 1850, Vice President Millard Fillmore became President. Although Fillmore was a northerner and was not a slaveholder, he had strong ties to the South and was much more open to a compromise that would allow the extension of slavery into the territories. The change of leadership opened the door for the passage of the Compromise of 1850, crafted by Senator Henry Clay, which allowed the admission of California into the Union without Congress imposing any limitation on the introduction of slavery. However, the Constitution adopted by the California Constitutional Convention in October 1849 in preparation for admission into the Union specifically prohibited slavery in the new state. The compromise was offset by concessions to slave states, including the possible extension of slavery into other territories ceded from Mexico and the passage of the Fugitive Slave Act of 1850, which stripped the free states of much of their legal ability to protect blacks who were suspected of fleeing slavery from kidnapping by slave catchers and forcible removal to the South.[17][18]
Texts
Henry Clay
Clay Resolutions
On January 29, 1850, Senator Clay proposed eight resolutions to end the heated debate over the status of the territories acquired from Mexico. Congress adopted Clay's resolutions, collectively known as the Clay Resolutions, which prepared the way for the passage of the five acts making up the Compromise of 1850.[19] The first resolution concerned the admission of California and reads as follows:
Resolved, That California, with suitable boundaries, ought, upon her application to be admitted as one of the States of this Union, without the imposition by Congress of any restriction in respect to the exclusion or introduction of slavery within those boundaries.
California Admission Act
The California Admissions Act was the second act of the Compromise of 1850 to be passed by Congress.
The text of the act contained three sections and enacted five main provisions:[14]
Admitted California as a full and equal state in the union (Section One).
Granted California two seats in the House of Representatives until the next Congressional reapportionment (Section Two).
Placed the public land in California into the federal public domain under the sole authority of Congress and outside the authority of California to tax or lay assessments (Section Three).
Stipulated that waterways in California would be open to free navigation by all citizens of the United States without the imposition of taxes, duties or fees for usage (Section Three).
Declared none of the provisions in the act of admission was to be construed as endorsing or rejecting any provision in the Constitution of California (Section Three).
The final provision in Section Three was intended as a declaration that Congress took no position on the provisions against slavery contained in the California constitution.[18]:151–248,331–359,392
The text of An Act For The Admission Of The State Of California Into The Union reads as follows:
Preamble Whereas the people of California have presented a constitution and asked admission into the Union, which constitution was submitted to Congress by the president of the United States, by message dated February thirteenth, eighteen hundred and fifty, and which, on due examination, is found to be republican in its form of government:
Section 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the state of California shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states in all respects whatever.
Section 2 And be it further enacted, that, until the representatives in Congress shall be apportioned according to an actual enumeration of the inhabitants of the United States, the state of California shall be entitled to two representatives in Congress.
Section 3 And be it further enacted, that the said state of California is admitted into the Union upon the express condition that the people of said state, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned; and that they shall never lay any tax or assessment of any description whatsoever upon the public domain of the United States, and in no case shall nonresident proprietors, who are citizens of the United States, be taxed higher than residents; and that all the navigable waters within the said state shall be common highways, and forever free, as well to the inhabitants of said state as to the citizens of the United States, without any tax, impost, or duty therefore: provided, that nothing herein contained shall be construed as recognizing or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that state.
With the signing of the Compromise of 1850, California was formally admitted to the Union as the 31st state in the Union on September 9, 1850. The United States House of Representatives approved the bill on September 7, 1850 by a vote of 150 to 56.[20] The United States Senate under the careful leadership of Henry Clay and Daniel Webster had previously voted on January 17, 1850 to admit California into the Union by a vote of 48 to 3 and they concurred with the House vote on September 7, 1850.[21]
The territory legislature first met as what would become the legislature of the State of California after admission on December 15, 1849 at the first state capital at San Jose, California. The first American governor of California was Peter Hardeman Burnett, who was inaugurated as the first civilian governor prior to statehood on December 20, 1849 and continued in the position until January 9, 1851.[22][6]:1321–1460 The first two members from California to the United States Senate were San FranciscansJohn C. Fremont and William M. Gwin, both of whom were members of the Democratic Party and took their oaths of office on September 10, 1850.[13] On September 11, 1850, Edward Gilbert (Democrat) and George W. Wright (Independent) took their oaths of office to become the state’s two Representatives.[20]
California Admission Day
California Admission Day (September 9) is an annual legal holiday in the state, celebrated as a day of observance to commemorate its admission into the Union as the thirty-first state on that date in 1850.[23] The city of Monterey, where the state Constitutional Convention was first held, observes this day as a City holiday, where city offices and most facilities are closed.
Sources
Books
Bordewich, Fergus M. (2013). America's Great Debate: Henry Clay, Stephen A. Douglas, and the Compromise That Preserved the Union. New York: Simon & Schuster. ISBN978-1439124611.
Brands, H. W. (2002). The Age of Gold: The California Gold Rush and the New American Dream. Norwall, MA: Anchor Press. ISBN978-0385502160.
Brands, H. W. (2018). Heirs of the Founders: The Epic Rivalry of Henry Clay, John Calhoun and Daniel Webster, the Second Generation of American Giants. Norwell, MA: Anchor Press. ISBN978-0385542531.
Heidler, David Stephen; Heidler, Jeanne T. (2010). Henry Clay: The Essential American. New York: Random House. ISBN978-1400067268.
Holt, Michael Fitzgibbon (1983). The Political Crisis of the 1850s. New York: W. W. Norton & Company. ISBN978-0393953701.
Holt, Michael Fitzgibbon (1999). The Rise and Fall of the American Whig Party: Jacksonian Politics and the Onset of the Civil War. London: Oxford University Press. ISBN978-0195055443.
Madley, Benjamin (2017). An American Genocide: The United States and the California Indian Catastrophe, 1846-1873. New Haven: Yale University Press. ISBN978-0300230697.
Merry, Robert W. (2010). A Country of Vast Designs: James K. Polk, the Mexican War and the Conquest of the American Continent. New York: Simon & Schuster. ISBN978-0743297448.
Scarry, Robert J. (2001). Millard Fillmore. Jefferson, NC: McFarland & Company. ISBN978-0786408696.
Starr, Kevin (1973). Americans and the California Dream, 1850-1915. London: Oxford University Press. ISBN978-0195016444.
Burns, John F. (2003). "Taming the Elephant: An Introduction to California's Statehood and Constitutional Era". California History. 81 (3/4): 1–26. doi:10.2307/25161698. JSTOR25161698.
Winter, Molly Crumpton (2008). "Culture-Tectonics: California Statehood and John Rollin Ridge's "Joaquín Murieta"". Western American Literature. 43 (3): 258–276. doi:10.1353/wal.2008.0004. JSTOR43025141. S2CID164458903.
Woolsey, Ronald C. (1983). "A Southern Dilemma: Slavery Expansion and the California Statehood Issue in 1850—A Reconsideration". Southern California Quarterly. 65 (2): 123–144. doi:10.2307/41171032. JSTOR41171032.
"The Admission of California". Negro History Bulletin. 14 (1): 9. 1950. JSTOR44212392.
↑ The first version of the Bear State flag is named the Todd Bear flag. The designer was William L. Todd, a cousin of Mary Todd Lincoln. It was created using blackberry juice. In 1906 it was destroyed in the fires that followed the great San Francisco earthquake. A photograph exists of the flag from 1890 and, a reproduction of the flag is on display in the El Presidio de Sonoma museum.
↑ Contains an excellent historical bibliography of older sources.
The Compromise of 1850 was a package of five separate bills passed by the United States Congress in September 1850 that temporarily defused tensions between slave and free states in the years leading up to the American Civil War. Designed by Whig senator Henry Clay and Democratic senator Stephen A. Douglas, with the support of President Millard Fillmore, the compromise centered on how to handle slavery in recently acquired territories from the Mexican–American War (1846–48).
The Wilmot Proviso was an unsuccessful 1846 proposal in the United States Congress to ban slavery in territory acquired from Mexico in the Mexican–American War. The conflict over the Wilmot Proviso was one of the major events leading to the American Civil War.
The Territory of New Mexico was an organized incorporated territory of the United States from September 9, 1850, until January 6, 1912. It was created from the U.S. provisional government of New Mexico, as a result of Nuevo México becoming part of the American frontier after the Treaty of Guadalupe Hidalgo. It existed with varying boundaries until the territory was admitted to the Union as the U.S. state of New Mexico in 1912. This jurisdiction was an organized, incorporated territory of the US for nearly 62 years, the longest period of any territory in the contiguous United States.
The Mexican Cession is the region in the modern-day western United States that Mexico previously controlled, then ceded to the United States in the Treaty of Guadalupe Hidalgo in 1848 after the Mexican–American War. This region had not been part of the areas east of the Rio Grande that had been claimed by the Republic of Texas, though the Texas annexation resolution two years earlier had not specified the southern and western boundary of the new state of Texas. At roughly 529,000 square miles (1,370,000 km2), not including any Texas lands, the Mexican Cession was the third-largest acquisition of territory in U.S. history, surpassed only by the 827,000-square-mile (2,140,000 km2) Louisiana Purchase and the 586,000-square-mile (1,520,000 km2) Alaska Purchase.
The State of Deseret was a proposed state of the United States, promoted by leaders of the Church of Jesus Christ of Latter-day Saints who had founded settlements in what is today the state of Utah. A provisional state government operated for nearly two years in 1849–50, but was never recognized by the United States government. The name Deseret derives from the word for "honeybee" in the Book of Mormon.
In the United States before 1865, a slave state was a state in which slavery and the internal or domestic slave trade were legal, while a free state was one in which they were prohibited. Between 1812 and 1850, it was considered by the slave states to be politically imperative that the number of free states not exceed the number of slave states, so new states were admitted in slave–free pairs. There were, nonetheless, some slaves in most free states up to the 1840 census, and the Fugitive Slave Clause of the U.S. Constitution, as implemented by the Fugitive Slave Act of 1793 and the Fugitive Slave Act of 1850, provided that a slave did not become free by entering a free state and must be returned to his or her owner.
The history of the United States from 1849 to 1865 was dominated by the tensions that led to the American Civil War between North and South, and the bloody fighting in 1861–1865 that produced Northern victory in the war and ended slavery. At the same time industrialization and the transportation revolution changed the economics of the Northern United States and the Western United States. Heavy immigration from Western Europe shifted the center of population further to the North.
The Nashville Convention was a political meeting held in Nashville, Tennessee, on June 3–11, 1850. Delegates from nine slave states met to consider secession, if the United States Congress decided to ban slavery in the new territories being added to the country as a result of the Louisiana Purchase and the Mexican–American War. The compromises worked out in Nashville paved the way for the Compromise of 1850, including the Fugitive Slave Act of 1850, and for a time, preserved the union of the United States.
Texas divisionism is a mainly historical movement that advocates the division of the U.S. state of Texas into as many as five states, as some considered to be statutorily permitted by a provision included in the resolution admitting the former Republic of Texas into the Union in 1845.
The Missouri Compromise was federal legislation of the United States that balanced desires of northern states to prevent the expansion of slavery in the country with those of southern states to expand it. It admitted Missouri as a slave state and Maine as a free state and declared a policy of prohibiting slavery in the remaining Louisiana Purchase lands north of the 36°30′ parallel. The 16th United States Congress passed the legislation on March 3, 1820, and President James Monroe signed it on March 6, 1820.
The presidency of Millard Fillmore began on July 9, 1850, when Millard Fillmore became President of the United States upon the death of Zachary Taylor, and ended on March 4, 1853. Fillmore had been Vice President of the United States for 1 year, 4 months when he became the 13th United States president. Fillmore was the second president to succeed to the office without being elected to it, after John Tyler. He was the last Whig president. His presidency ended after losing the Whig nomination at the 1852 Whig National Convention. Fillmore was succeeded by Democrat Franklin Pierce.
Millard Fillmore was the 13th president of the United States, serving from 1850 to 1853, and was the last president to have been a member of the Whig Party while in office. A former member of the U.S. House of Representatives, Fillmore was elected the 12th vice president in 1848, and succeeded to the presidency when Zachary Taylor died in July 1850. Fillmore was instrumental in passing the Compromise of 1850, which led to a brief truce in the battle over the expansion of slavery.
Zachary Taylor was an American military leader who served as the 12th president of the United States from 1849 until his death in 1850. Taylor was a career officer in the United States Army, rising to the rank of major general and becoming a national hero for his victories in the Mexican–American War. As a result, he won election to the White House despite his vague political beliefs. His top priority as president was to preserve the Union. He died 16 months into his term from a stomach disease. He had the third shortest term in US history.
The area currently occupied by the U.S. State of New Mexico has undergone numerous changes in occupancy and territorial claims and designations. This geographic chronology traces the territorial evolution of New Mexico.
The following outline traces the territorial evolution of the U.S. State of Nevada.
The following timeline traces the territorial evolution of California, the thirty-first state admitted to the United States of America, including the process of removing Indigenous Peoples from their native lands, or restricting them to reservations.
Admission to the Union is provided by the Admissions Clause of the United States Constitution in Article IV, Section 3, Clause 1, which authorizes the United States Congress to admit new states into the Union beyond the thirteen states that already existed when the Constitution came into effect. The Constitution went into effect on June 21, 1788, in the nine states that had ratified it, and the U.S. federal government began operations under it on March 4, 1789, when it was in effect in 11 out of the 13 states. Since then, 37 states have been admitted into the Union. Each new state has been admitted on an equal footing with those already in existence.
The history of the United States Whig Party lasted from the establishment of the Whig Party early in President Andrew Jackson's second term (1833–1837) to the collapse of the party during the term of President Franklin Pierce (1853–1857). This article covers the party in national politics. For state politics see Whig Party.
↑ Chaffin, Tom (2002). "Chapter 11: Bear Flag". Pathfinder: John Charles Frémont and the Course of American Empire (Hardcovered.). New York: Hill and Wang. pp.325–334. ISBN978-0809075577.
↑ Revere, Joseph Warren (2011) [first published 1849]. "Chapter 6: Bear Revolution". A Tour of Duty in California (Hardcover, 2015 Reprinted.). Mishawaka, IN: Palala Pres. ISBN978-0809075577.
1 2 Starr, Kevin (2007). California: A History (Kindleed.). New York: Modern Library. pp.963–1052.
↑ Greenberg, Amy S. (1992). "Chapter 12: To Conquer A Peace". A Wicked War: Polk, Clay, Lincoln, and the 1846 U.S. Invasion of Mexico (Hardcovered.). New York: Knopf.
↑ Starr, Kevin (2007). "Chapter 11: Striking It Rich: The establishment of an American state". California: A History (Kindleed.). New York: Modern Library.
↑ Rayback, Robert J. (1992). Millard Fillmore: Biography of a President (Hardcovered.). Newtown, CT: American Political Biography Press. pp.147–172.
↑ Esienhower, John S. D. (2008). Zachary Taylor: The American Presidents Series: The 12th President, 1849-1850. New York: Times Books. pp.101–102.
↑ Potter, David M. (1976). "Chapter 4: The Deadlock of 1846-1850, Chapter 5: The Armistice of 1850". The Impending Crisis, 1848-1861 (Hardcovered.). New York: Harper Perennial.
1 2 Bordewich, Fergus M. (2012). America's Great Debate: Henry Clay, Stephen A. Douglas, and the Compromise That Preserved the Union. New York: Simon & Schuster.
↑ Ellison, Joseph (1931). "The Struggle for Civil Government in California, 1846-1850 (Concluded)". California Historical Society Quarterly. 10 (3): 220–244. doi:10.2307/25160443. JSTOR25160469.
How California Came to be Admitted. Museum of the City of San Francisco by Rockwell D. Hunt. Originally published by the San Francisco Chronicle on September 9, 1900.
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